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Decision Reinforces Obligation of Timekeeping After the Domestic Workers Law and Increases Risks for Employers Who Do Not Adopt Formal Records.
A domestic worker from Natal (RN) obtained a ruling from the Superior Labor Court (TST) for the right to receive overtime pay even without formal work hour registration. She worked in two homes of a divorced couple and also took care of a kennel, but the employers did not present time cards.
The unanimous decision by the 6th Panel reinforces that since the Complementary Law 150/2015, known as the Domestic Workers Law, it is mandatory to keep some form of timekeeping, regardless of the number of employees.
The absence of these records creates a presumption of veracity of the hours claimed by the worker, as highlighted by the TST portal.
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The Case’s Journey in Court
Hired in June 2023, the domestic worker reported working shifts from 7 AM to 5 PM, managing tasks at two residences and also running a commercial kennel.
The employers denied the excessive hours and claimed that timekeeping was not mandatory in domestic work.
The trial court rejected the request, and the Regional Labor Court of the 21st Region upheld the decision.
However, the TST overturned the understanding, applying Theme 122 of its jurisprudence, which establishes the requirement for registration after the 2015 law. Without the documents, the worker’s word prevailed.
How Timekeeping Should Be Done
According to experts, the law does not require sophisticated electronic systems. Daily signed timebooks, manual spreadsheets, or digital apps are sufficient, as long as they reflect the actual work hours.
The issue with so-called “British notes,” where hours are mechanically repeated, is that this type of record may be disregarded by the courts.
To be valid, the document should show the normal variations of daily work.
And When the Worker Lives on the Employer’s Property?
Another point highlighted by the decision is the situation where the domestic worker resides in the employer’s house.
In these cases, it is essential to separate rest periods from actual work hours to prevent the entire time spent on the property from being considered work time.
The recommendation from experts is clear: even in these cases, records should indicate the start, breaks, and end of the workday, protecting both the worker’s rights and the employer’s legal security.
Risks for the Employer Who Does Not Register Work Hours
Failing to implement time control can lead to significant penalties. According to TST jurisprudence, if there is no documentary evidence, the hours claimed by the worker are accepted, unless the employer presents strong counter-evidence.
This can mean not only the payment of overtime but also impacts on vacation, the 13th salary, FGTS, notice period, and severance payments.
In practice, the lack of control can multiply the labor liability of an employing family.
How the Domestic Worker Can Prove Overtime Without Registration
In the absence of a time record, witnesses, text messages, condominium records, and even security cameras can be used as evidence.
These elements have already been accepted by the Labor Court as legitimate means to confirm the claimed work hours.
The case shows that, increasingly, the Justice is aligned with protecting the more vulnerable side of the domestic employment relationship, requiring employers to exercise extra caution with documentation.
The TST decision reaffirms that the domestic worker has the same labor rights as any other worker, and that time registration is akey element to avoid disputes.
In your opinion, is the obligation of timekeeping in households fair or does it place an excessive burden on domestic employers? Share your thoughts in the comments; we want to hear experiences from those who have gone through this in practice.
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